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HUSSICK v. STATE

529 P.2d 938 (1974)

Marvin Leroy HUSSICK, Appellant, v. STATE of Oregon, Respondent.

Court of Appeals of Oregon.

Decided December 23, 1974.

Rehearing Denied January 22, 1975.

Review Denied February 11, 1975.

Attorney(s) appearing for the Case

Donald H. Upjohn, Salem, argued the cause for appellant. With him on the brief were Heltzel & Byers, Salem.

Timothy Wood, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen. and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.

FOLEY, Judge.

A demurrer was sustained to petitioner's amended petition for post-conviction relief. The petition was dismissed upon his refusal to plead further and he appeals from the order dismissing the petition.

The petition for its second cause of action1 alleges that petitioner was originally charged with second degree robbery in a one-count information. A grand jury subsequently indicted him and a co-defendant with two counts...

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